08 LC
34 1466
Senate
Bill 389
By:
Senators Grant of the 25th, Murphy of the 27th, Carter of the 13th, Tolleson of
the 20th and Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating
to the registration, operation, and sale of watercraft, so as to revise
provisions relating to operation of personal watercraft; to revise provisions
relating to operation of watercraft; to enact the "Mandatory Boating Safety
Education Act"; to provide a short title; to provide definitions; to provide for
applicability; to provide for lease and rental agreements; to provide for
issuance of rules and regulations by the department; to provide for related
matters; to provide for effective dates; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 52 of the Official Code of Georgia Annotated, relating to the
registration, operation, and sale of watercraft, is amended by revising Code
Section 52-7-8.2, relating to restrictions on operating personal watercraft, as
follows:
"52-7-8.2.
(a)
As used in this Code section, the term:
(1)
'Accompanied by' means in the physical presence within the vessel of a person
who is not under the influence of alcohol or drugs to a degree which would
constitute a violation of Code Section 52-7-12 were such person operating the
vessel.
(2)
'Class A vessel' means a boat less than 16 feet in length.
(3)
'Personal watercraft' means a Class A vessel which:
(A)
Has an outboard motor or which has an inboard motor which uses an internal
combustion engine powering a water jet pump as its primary source of motive
propulsion;
(B)
Is designed with the concept that the operator and passenger ride on the outside
surfaces of the vessel as opposed to riding inside the vessel; and
(C)
Has the probability that the operator and passenger may, in the normal course of
use, fall overboard.
Such
term includes, without limitation, any vessel where the operator and passenger
ride on the outside surfaces of the vessel, even if the primary source of motive
propulsion is a propeller, and any vessels commonly known as a 'jet
ski.'
(4)
'Under the direct supervision' means within sight of and within 400 yards of a
person who is not under the influence of alcohol or drugs to a degree which
would constitute a violation of Code Section 52-7-12 were such person operating
the vessel and who is aware of his or her supervisory
responsibility.
(b)
No person shall operate or give permission to operate personal watercraft on the
waters of this state unless each person aboard such personal watercraft is
wearing a United States Coast Guard approved personal flotation device, Type I,
Type II, Type III, or Type V. Each such personal flotation device must be
properly fastened, in good and serviceable condition, and the proper size for
the person wearing it.
(c)
No person
shall rent, lease, or let for hire a personal watercraft to any person under the
age of 16 years.
(d)
No person shall operate a personal watercraft on the waters of this state after
sunset or before sunrise unless such person is engaged in the enforcement of the
laws of this state or this nation.
(e)(d)
No person shall operate a personal watercraft on the waters of this state unless
such personal watercraft is equipped with a self-circling device or a
lanyard-type engine cutoff switch.
(f)(e)
No person shall operate on the waters of this state a personal watercraft which
has been equipped by the manufacturer with a lanyard-type engine cutoff switch
unless the lanyard and the switch are operational and unless the lanyard is
attached to the operator, the operator´s clothing, or a personal flotation
device worn by the operator.
(g)(f)
No person shall operate on the waters of this state a personal watercraft which
has been equipped by the manufacturer with a self-circling device if the
self-circling device or the engine throttle has been altered in any way that
would prohibit the self-circling device from operating in its intended
manner.
(h)(g)
It shall be unlawful for any person who owns a personal watercraft or who has
charge over or control of a personal watercraft to authorize or knowingly to
permit such personal watercraft to be operated in violation of this Code section
or of Code Section 52-7-8.3.
(i)(h)
The provisions of this Code section shall not apply to vessels engaged in any
activity authorized under Code Section 52-7-19.
(j)(i)
No person shall operate a personal watercraft on the waters of this state at a
speed greater than idle speed within 100 feet of any moored or anchored vessel,
any vessel adrift, or any wharf, dock, pier, piling, bridge structure or
abutment, person in the water, or shoreline adjacent to a full-time or part-time
residence, public park, public beach, public swimming area, marina, restaurant,
or other public use area.
(k)(j)
It shall be unlawful for any person to operate a personal watercraft on the
waters of this state while towing a person or persons on water skis, aquaplanes,
surfboards, tubes, or any similar device; provided, however, that the provisions
of this subsection shall not apply to any personal watercraft designed by the
manufacturer to carry three or more persons, provided that such personal
watercraft has on board a competent observer in addition to the operator at any
time that a person is being towed.
(l)
On and after June 1, 1995, no person under the age of 16 years shall operate a
personal watercraft on the waters of this state; provided, however, that a
person age 12 through 15 years may operate a personal watercraft if he or she is
accompanied by an adult age 18 or over or he or she has successfully completed a
personal watercraft safety program approved by the department or is under direct
supervision by an adult age 18 or over. The department may, but shall not be
required to, conduct or provide personal watercraft safety courses to the
public.
(m)
On and after July 1, 1995, it shall be unlawful for any person to cause or
knowingly permit such person´s child or ward who is less than 12 years of
age or the child or ward of another over whom such person has a permanent or
temporary responsibility of supervision if such child or ward is less than 12
years of age to operate a personal watercraft.
(n)
It shall be unlawful for any person to cause or knowingly permit such
person´s child or ward who is age 12 through 15 years or the child or ward
of another over whom such person has a permanent or temporary responsibility of
supervision if such child or ward is age 12 through 15 years to operate a
personal watercraft other than in compliance with the provisions of subsection
(l) of this Code
section."
SECTION
2.
Said
chapter is further amended by revising Code Section 52-7-8.3, relating to
operation of watercraft, as follows:
"52-7-8.3.
(a)
A person age 16 or over may operate any vessel or personal watercraft on any of
the waters of this state, and such person shall have in such vessel proper
identification.
(b)
A person age 14 or 15 may operate:
(1)
A personal watercraft or nonmotorized Class A vessel on any of the waters of
this state in compliance with the provisions of this article; and
(2)
Any other vessel if such person:
(A)
Is accompanied by an adult age 18 or over who is authorized to operate such
vessel under the provisions of subsection (a) of this Code section;
(B)
Has completed a safe boating course approved by the department; or
(C)
Is under direct supervision by an adult age 18 or over.
(c)
A person age 12 or 13 may operate any Class A vessel utilizing mechanical means
of propulsion not exceeding 30 horsepower, under the conditions set forth in
subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section. Such person may
operate a personal watercraft in compliance with Code Section 52-7-8.2, and such
person may operate nonmotorized Class A vessels without
restriction.
(d)
No person under the age of 12 shall operate any Class 1, 2, or 3 vessel or any
personal watercraft on any of the waters of this state, and no such person shall
operate any Class A vessel utilizing mechanical means of propulsion exceeding 30
horsepower. Such person may operate a Class A vessel, other than a personal
watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower
only where such person is accompanied by an adult age 18 or over who is
authorized to operate such vessel under the provisions of subsection (a) of this
Code section.
(e)
As used in this Code section, the term:
(1)
'Accompanied by' means in the physical presence within the vessel of a person
who is not under the influence of alcohol or drugs to a degree which would
constitute a violation of Code Section 52-7-12 were such person operating the
vessel.
(2)
'Proper identification' shall have the same meaning as in subsection (d) of Code
Section 3-3-23, relating to furnishing of alcoholic beverages.
(3)
'Under the direct supervision' means within sight of and within 400 yards of a
person who is not under the influence of alcohol or drugs to a degree which
would constitute a violation of Code Section 52-7-12 were such person operating
the vessel and who is aware of his or her supervisory
responsibility.
(f)
No person having ownership or control of a vessel shall permit another person to
operate such vessel in violation of this Code
section
Reserved."
SECTION
3.
Said
chapter is further amended by adding a new article to read as
follows:
"ARTICLE
1A
52-7-30.
This
article shall be known and may be cited as the 'Mandatory Boating Safety
Education Act.'
52-7-31.
As
used in this article, the term:
(1)
'Certificate' means a boating education safety certificate issued as evidence of
successful completion of a course in safe boating or successful passage of an
equivalency examination.
(2)
'Department' means the Department of Natural Resources.
(3)
'Motorboat' means a recreational vessel propelled in whole or in part by
machinery, including a recreational vessel temporarily equipped with a
detachable engine.
(4)
'NASBLA' means the National Association of State Boating Law
Administrators.
(5)
'Operate' or 'operating' means to navigate or otherwise control the movement of
a vessel, including control of the vessel´s propulsion system.
(6)
'Operator' means the person who navigates or is otherwise in control or in
charge of the movement of a vessel, including control of the vessel´s
propulsion system.
(7)
'Person' means any natural person or individual.
(8)
'Proper identification' shall have the same meaning as in subsection (d) of Code
Section 3-3-23, relating to furnishing of alcoholic beverages.
(9)
'Vessel' means every description of watercraft, other than a seaplane, used or
capable of being used as a means of transportation on the water.
(10)
'Waters of the state' means any waters within the jurisdiction of the
state.
52-7-32.
The
provisions of this article shall apply to persons:
(1)
Less than 20 years of age on July 1, 2009;
(2)
Less than 30 years of age on July 1, 2010;
(3)
Less than 40 years of age on July 1, 2011;
(4)
Less than 50 years of age on July 1, 2012;
(5)
Less than 60 years of age on July 1, 2013; and
(6)
Sixty years of age or older on July 1, 2014.
52-7-33.
(a)
A person shall not operate a motorboat on any waters of this state unless the
operator:
(1)
Has successfully completed a course and examination in safe boating that is
approved by NASBLA and certified by the state or passed an equivalency
examination if the examination was proctored and tests the knowledge of
information included in the curriculum of such a course and has received a
certificate;
(2)
Possesses a valid license to operate a vessel issued for maritime personnel by
the United States Coast Guard pursuant to 46 C.F.R. Part 10 or a marine
certificate issued by the Canadian government;
(3)
Possesses a state approved nonrenewable temporary operator´s permit to
operate the motorboat which was issued with the certificate of number for the
motorboat if the boat is new or was sold with a transfer of
ownership;
(4)
Possesses a rental agreement or lease agreement provided pursuant to Code
Section 52-7-35 which lists the person as an authorized operator of the
motorboat;
(5)
Is not a resident of this state, is temporarily using the waters of this state
for a period not to exceed 60 days, and meets any applicable requirements of his
or her state of residency or possesses a Canadian Pleasure Craft Operator´s
Card;
(6)
Is a person who operates a vessel under supervised training, as authorized by
the state; or
(7)
Has proper identification in the vessel, provided the operator is 16 years of
age or older.
(b)
A person under 12 years of age shall not operate a motor-powered vessel on the
waters of this state unless accompanied on board and directly supervised by a
person 18 years of age or older who holds a certificate.
52-7-34.
(a)
A person who is operating a motorboat on any waters of this state and who is
stopped by a law enforcement officer in the enforcement of this article or the
regulations adopted pursuant thereto shall present to the officer evidence that
the requirements of Code Section 52-7-33 have been met. Failure of such
person to present such evidence shall constitute prima facie evidence of a
violation of Code Section 52-7-33.
(b)
A person who alters, forges, counterfeits, or falsifies a certificate or other
document used as evidence that the requirements of Code Section 52-7-33 have
been met; or who possesses a certificate or other document that has been
altered, forged, counterfeited, or falsified; or who loans or permits his or her
certificate or other document to be used by another person shall be guilty of a
misdemeanor.
(c)
A person who fails to present the certificate or other document as evidence that
the requirements of Code Section 52-7-33 have been met shall be guilty of a
misdemeanor unless such person presents the required documents in a court having
jurisdiction over the offense that prove such person was operating such
motorboat in compliance with Code Section 52-7-33 on the date of the
violation.
(d)
In any proceeding for a violation of this article, the court having jurisdiction
over the offense may suspend all or part of the fine to be imposed on the
defendant if the defendant completes the safe boating education course approved
by NASBLA and certified by the state within the time limits imposed by the
court.
(e)
The court having jurisdiction of the offense may prohibit a person who is found
to have violated any of the provisions of this article from operating a
motorboat upon the waters of this state until such person successfully completes
the safe boating education course approved by NASBLA and certified by the
state.
52-7-35.
(a)
A person or his or her agent or employee engaged in the business of renting or
leasing motorboats for a period not exceeding 30 days shall not rent or lease a
motorboat to any person for operation on the waters of this state unless such
person:
(1)
Meets the provisions of Code Section 52-7-33; and
(2)
Is 18 years of age or older.
(b)
A person or his or her agent or employee engaged in the business of renting or
leasing motorboats shall list on each rental or lease agreement for a motorboat
the name and age of each person who is authorized to operate such motorboat.
The person to whom the motorboat is rented or leased shall ensure that only
those persons who are listed as authorized operators are allowed to operate such
motorboat.
(c)
A person or his or her agent or employee engaged in the business of renting or
leasing motorboats shall provide to each authorized operator of a motorboat a
summary of the statutes and regulations governing the operation of a motorboat
and instructions regarding the safe operation of such motorboat. Each person
who is listed as an authorized operator of the motorboat shall review the
summary of the statutes, regulations, and instructions before the motorboat
departs from the rental or leasing office.
(d)
A person or his or her agent or employee engaged in the business of renting or
leasing motorboats may utilize a rental safety checklist which highlights the
most important boating safety rules and require the person to whom the motorboat
is rented to initial each section to prove that he or she has read it and is
aware of the safety issues.
52-7-36.
As
soon as practicable after July 1, 2008, the department shall adopt necessary
regulations to carry out the provisions of this article, including provisions
for issuance of certificates, duplicate certificates, record keeping,
cooperative agreements, name and address changes, the establishment of fees for
boating safety courses and certificates, and equivalency exam criteria. The
regulations shall also include requirements for certifying and approving
proctors to administer the examinations required under this article. The
department shall have its testing and certifying procedures in place and
functioning before January 1, 2009, in order to allow boaters to comply with the
provisions of this article before July 1, 2009."
SECTION
4.
Sections
1, 2, and 3 of this Act shall become effective on July 1, 2009, except for Code
Section 52-7-36, which shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.